SB 423

Lead testing of potable water sources in schools

This bill requires school boards, operators of independent charter schools, and

governing bodies of private schools participating in a parental choice program or in

the Special Needs Scholarship Program to test all potable water sources in schools

for lead concentration at least once every three years. Under the bill, if the results

of a test of a potable water source in a school show a concentration of lead that is

greater than the concentration considered safe for drinking water under the federal

Safe Drinking Water Act (lead contamination), the school board, operator, or

governing body of the school must do all of the following:

1. Disconnect the water source and, if necessary, provide an alternative

drinking water supply.

2. Develop and submit a plan to the Department of Public Instruction for

remediating lead contamination in the water source.

3. Post the remediation plan on the school board's, operator's, or governing

body's Internet site or make the plan available to the public for examination on

request.

The bill provides that, if a school board, operator, or governing body conducts

two consecutive lead tests in a school at least three years apart and the results of the

tests show that the potable water sources in the school contain lead levels not higher

than one part per billion, the school board, operator, or governing body is not required

to conduct any additional lead tests at the school.

Exception to referendum restrictions for lead remediation

Under current law, if a school board wants to borrow money through a bond

issue or exceed the revenue limit otherwise applicable to the school district, the

school board must obtain the approval of the school district's electors at a

referendum. Currently, a school board may, with certain exceptions, schedule such

a referendum only concurrent with the next regularly scheduled spring primary or

election or partisan primary or general election and only if the election falls no sooner

than 70 days after the date on which the board adopts or files the applicable

resolution. Also under current law, a school board may submit such a resolution to

electors for approval or rejection no more than two times in any calendar year.

This bill creates an exception to those referendum restrictions for a school board

that conducts a test under the bill that shows lead contamination in a potable water

source at a school in the school district. Under the bill, such a school board may call

a special referendum to be held within the six-month period immediately following

the date on which the school board submits to DPI a plan to remediate the

contaminated water source, provided the special referendum is to be held not sooner

than 70 days after the filing of the resolution of the school board and provided that

the special referendum includes only costs associated with the remediation plan.

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